Can Indemnity Be Awarded for Loss of Property Through Own Negligence and Fault ?
In McClandon v. Rosewell, 299 Ill. App. 3d 563, 567, 701 N.E.2d 150, 233 Ill. Dec. 507 (1998), the plaintiff appealed the trial court's determination that she lost title to the subject property due to her own negligence. the record showed that the plaintiff was an experienced purchaser at Cook County annual scavenger tax sales and actually acquired the subject property at a 1984 delinquent tax sale.
After recording the tax deed, the plaintiff never paid the real estate taxes on the subject property.
The trial court found that the plaintiff knew of the tax delinquency, sought the advice of counsel on the problem, was on notice of the pendency of the tax sale before the tax deed on the subject property issued, and was aware of all the consequences that arose therefrom.
On review, the appellate court observed that the plaintiff had 16 years of education and was a professional tax buyer.
She acquired the subject property through a tax deed and also had acquired other properties through tax deeds.
The court also noted the plaintiff owned at least eight other properties in 1990 and spoke to representatives of a third party to whom the taxes on the subject property were sold.
Finally, the court observed the plaintiff sought the advice of an attorney with regard to the property. McClandon, 299 Ill. App. 3d at 568.
It then found the evidence supported the trial court's finding that the plaintiff contributed to the loss of the subject property through her own negligence and fault, and, thus, the plaintiff's request for an indemnity award was properly denied. McClandon, 299 Ill. App. 3d at 568.